Q: Can my employer hold my payroll until she is ready to release my pay to my bank?
I had called my bank and they said no deposit yet I usually get paid up to two days early with no trouble. I had called payroll and they told me they had to reach out to my employer for my pay. Is this legal?
Under California law, employers are required to pay employees on the established payday, and failure to do so can result in penalties. If your pay is being withheld without a valid legal reason, this may be a violation of the California Labor Code. Employers cannot simply hold onto your wages until they decide to release them.
If your wages are being delayed, you should formally inquire in writing to your employer regarding the reason for the delay. If the issue is not resolved, you may file a wage claim with the Division of Labor Standards Enforcement (DLSE) or consult with an attorney to explore your options for recovering your wages. Remember, direct deposit timing may sometimes vary due to processing times between banks, but this should not cause significant delays beyond the designated payday.
You are not legally entitled to your paycheck before the established pay day even if usually you get your check earlier. If the pay is not available to you on your established pay day, then you would have a claim for penalties under the Labor Code that you can enforce by making an administrative complaint with the Labor Commissioner's Office.
Good luck to you.